I understand that I will be participating and aligning myself with a group of people and FHA. Participants share in the responsibilities of the trip including packing, preparation and clean-up, risk management for themselves and the overall group. Trip Leaders and other knowledgeable participants, may help educate fellow participants. FHA’s goal is to help participants become their own risk managers by allowing them to make a more educated decisions regarding their own conduct. The trip leader will make the final decision regarding the welfare of the group.
I understand that people possessing many different levels of outdoor experience may be part of my group. I acknowledge that the success or failure of this adventure trip rests in the hands of all trip participants. I acknowledge and expressly assume all risks of the trip whether those risks are known, unknown, inherent, or otherwise. I understand and agree that I, as a member of this adventure group, will hold all other group members harmless from any liability or responsibility for any accident or injury that I might sustain or incur.
My responsibilities prior to the trip include, and are not limited to: taking care of any of my personal or medical concerns before the trip; notifying other group members and FHA of my potential medical or other problems; learning about the difficulty of this trip and realistically evaluating my abilities in relation thereto; knowing and obtaining proper clothing and equipment; obtaining my own health, car, or personal property insurance; becoming aware of trip risks; after obtaining this knowledge, making a voluntary and realistic decision to participate fully; and doing what is reasonably necessary to help mitigate risks for myself and my companions. I represent that I am fully capable of participating in this trip, without causing harm to others or myself.
I understand that as a participant, I must follow Colorado and federal laws and policies; and as a FHA participant I must also follow the FHA Participant Code of Conduct. In addition, I realize and understand that injuries can also occur due to vehicular accidents while traveling to or from trips over dirt roads or highways. I agree that I will not hold FHA liable for any auto accidents to and from this adventure activity.
I grant FHA the right to use, for promotional purposes, any photographs or video footage taken of me during my participation on this trip.
The refund policy for each trip will be stated within the informational literature for each trip or on the website www.fireheartadventures.com.
If I drive my own motor vehicle during this trip, I am solely responsible for my conduct and for the safety and security of my vehicle and those who travel in my vehicle. As a trip driver, I realize that my vehicle is not covered by any insurance through FHA, and that all insurance is my personal responsibility.
As a trip driver, I agree to follow all the traffic laws of the state in which I am driving. Further, as a passenger in a group member’s vehicle, I understand and acknowledge that FHA is not responsible for my safety or the safety of the vehicle. I also understand and acknowledge that FHA does not provide any insurance coverage for me or the vehicle in which I am a passenger.
I understand that equipment failure and or improper use of equipment could result in loss of property or injury. I also understand that FHA does not provide personal property replacement insurance for damaged personal equipment. It is my personal responsibility to obtain my own personal property insurance coverage.
I further understand that this trip could be in an area far from medical attention. In case of injury, medical help and evacuation can be hours or days away. When possible, rescue is often difficult and expensive. I understand and agree that if I must be rescued or if I am sent home from a trip because my actions endangered myself, other participants, or the trip in general, I will bear the costs of the rescue or evacuation and not expect that FHA or any other entity or person to pay for or reimburse me for said expenses. I understand that FHA does not provide personal medical insurance. I hereby give permission for transportation to any medical facility or hospital and I authorize any qualified medical provider to render necessary emergency medical care. I represent that I am fully capable of participating in this trip and I do not have any medical condition that would prevent my participation in this trip.
With my electronic signature I attest I am who I say I am and I agree to be bound by the terms of this contract.
Having read, understood, and initialed the previous paragraphs of this document, I voluntarily acknowledge and agree to assume and accept the risks of injury including death during this adventure based trip. In consideration for participation in this adventure trip, I agree and promise to hold David Michael Scott, FHA and their employees, volunteers or other participants harmless for any injuries or losses I may sustain during any aspect or part of this trip. I further agree to hold FHA, their employees, volunteers or other participants harmless from all claims, search and rescue costs, medical expenses, damages, losses, injuries and evacuation expenses arising out of or resulting from my participation or conduct of others in this adventure based trip. I further agree for myself, my family or heirs to release, acquit and covenant not to sue FHA, their employees, volunteers or other trip participants for any conduct (wrongful or accidental), file causes of actions for damages, in law or in equity of whatever kind, including negligence of FHA, their employees, volunteers or other participants arising out of, during my participation in or associated with this adventure based trip. In short, I agree not to sue FHA, their employees, volunteers or other participants for any reason arising from any loss, damage or injury caused from or arising out of this adventure activity. If any litigation on my behalf is manifest, I agree to hold FHA et al. harmless therefrom, and to indemnify and/or reimburse FHA, or others as stated herein, for any costs (legal or otherwise) including costs of defense, damages or judgments that may come from any litigation.
I agree that the site of any lawsuit or other litigation regarding this adventure activity or the terms of this Contract, Waiver, Release and Indemnification shall be in Denver County, Colorado, and governed by Colorado law.
I hereby agree that if FHA, their employees, volunteers or other participants are forced to defend any action, lawsuit or litigation by myself, my executors, or my heirs, or my family’s on my behalf, my heirs or executors and I agree to pay FHA, their employees, volunteers or other participants their costs of litigation and attorney’s fees if they successfully defend such action, lawsuit, or litigation.
The terms of this agreement shall continue and be in effect after the adventure based trip has ended.
Should a court of competent jurisdiction declare any paragraph or part of this agreement unenforceable, the remaining parts or paragraphs shall remain in full force and effect. An electronic or physical copy of this release can be used as an original.